Nov 25, 2019 11:50
4 yrs ago
6 viewers *
French term

fonder la présente action

French to English Law/Patents Law (general)
Intellectual property dispute.

"Dans ses conclusions du 2 mai 2016, XXX reprochait aux Défendeurs de demander la nullité des marques de XXX fondant la présente action pour l’intégralité des classes listées dans le Certificat d’enregistrement des marques de XXX fondant la présente action."

My natural inclination is just to put something along the lines of "on the basis of which this action was brought". But then another part of my head says "but what about "mal-fondé", "bien-fondé", all that stuff? I'm wondering whether "fonder" in this context carries an idea of "justify" or something like it...

No legal definition of "fonder" found in (for example) Bridge. I tried other sources. Trésor de la Langue Française has a non-specifically-legal definition which may be close: "Donner à quelque chose son existence ou sa raison d'être"...

Discussion

Ph_B (X) Nov 25, 2019:
Founded on? No bien or mal involved here (yet). Whoever brings the action obviously hopes they're justified to do so, but hope is all it is: only a judge can decide whether there's any bien-fondé to the action. As you say, the verb means that the action is "brought on the basis of". Could you not say "action founded on"?
Mpoma (asker) Nov 25, 2019:
set expression? ... or maybe there's a set expression which fits perfectly and which one of m'learned (and distinguished) friends might suggest?

Proposed translations

+5
2 hrs
French term (edited): fondant la présente action
Selected

on which this action is based

Or "to which this action relates", or anything like that.

It says "fondant", not "fonder".

Since the phrase appears twice in one sentence, you could simply say "these marks" the second time.
Peer comment(s):

agree Eliza Hall : "The Marks on which this action is based," yep. (Marks is normally capitalized in EN litigation docs relating to trademarks).
3 hrs
Thanks, though I don't see any reason to capitalize it.
agree AllegroTrans : on which this action is founded
7 hrs
agree Stephanie Benoist : yeppers
9 hrs
agree Ph_B (X)
19 hrs
agree Cyril Tollari
3 days 19 hrs
Something went wrong...
4 KudoZ points awarded for this answer. Comment: "Selected automatically based on peer agreement."
1 hr

bsing this action ...

basing this action ...........
The 'fonds' of something can be the 'basis' or the 'merits' or the 'grounds'
Peer comment(s):

neutral philgoddard : You can't use "basing" to mean "forming the basis of".
45 mins
yes, you are right; read it too quickly!
neutral AllegroTrans : jumbled word order
7 hrs
Something went wrong...
-1
1 day 57 mins

justify the ongoing action

the phrase under study is meant to explain the goal of a decision that has been taken earlier
Peer comment(s):

disagree AllegroTrans : You have jumbled this up and misunderstood what is a clear legal concept
6 hrs
Something went wrong...
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